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Deleted re-filling of case

  • lito
  • lito's Avatar Topic Author
5 years 3 months ago - 5 years 3 months ago #1869 by lito
lito created the topic: re-filling of case
A pleasant day!
just to ask po! if a case filed before the office of the ombudsman was closed for non submission of required documents can still be re-filled? like in civil service commission since the nature of case is dishonesty of government official ? Thank you!
Last Edit: 5 years 3 months ago by lito.

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5 years 3 months ago #2109 by Action Officer 5
Action Officer 5 replied the topic: re-filling of case
Dear Mr. Lito:

Please be informed that it is the policy of the Civil Service Commission not to render opinions or rulings on issues that may eventually be a subject of a controversy or complaint before it. This is specially so if the material facts necessary to arrive at an objective analysis of the case are incompletely presented.

Be that as it may, relevant to your query are the following provisions of the 2017 Rules on Administrative Cases in the Civil Service (RACCS):

Section 5. Jurisdiction of the Civil Service Commission. The Civil Service Commission shall hear and decide administrative cases or matters instituted by or brought before it, directly or on appeal, including contested appointments, and review decisions and actions of its offices and other government agencies.

x x x

Section 11. Requisites of a Valid Complaint. No complaint against an official or employee shall be given due course unless the same is in writing, subscribed and sworn to by the complainant. In cases initiated by the proper disciplining authority or an authorized representative, a show cause order is sufficient.

The complaint shall be written in a clear, simple and concise language and in a systematic manner as to apprise the person complained of, of the nature and cause of the accusation and to enable the person complained of to intelligently prepare a defense or answer/comment. Should there be more than one person complained of, the complainant is required to submit additional copies corresponding to the number of persons complained of.

The complaint shall contain the following:

a. full name and address of the complainant;

b. full name and address of the person complained of as well as his/her position and office;

c. a narration of the relevant and material facts which shows the acts or omissions allegedly committed;

d certified true copies of documentary evidence and affidavits of his/her witnesses, if any; and

e. certification or statement of non-forum shopping.

The absence of any of the aforementioned requirements may cause the dismissal of the complaint without prejudice to its refiling upon compliance with the same.

We hope that we have enlightened you on this matter.

Action Officer 31

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  • lito
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5 years 3 months ago #2383 by lito
lito replied the topic: re-filling of case
Thank you for the info. therefore sir i have to file it in the civil service as the proper agency who has jurisdiction to hear erring government officials..thank you.

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